ARDMORE TELEPHONE COMPANY, INC. RATES, TERMS AND CONDITIONS WIRELINE BROADBAND INTERNET TRANSPORT SERVICE RATES, TERMS AND CONDITIONS APPLICABLE TO WIRELINE BROADBAND INTERNET TRANSPORT SERVICE FURNISHED BY ARDMORE TELEPHONE COMPANY, INC. Study Area Code (“SAC”) Number 290280 FOR SERVICES AS PROVIDED FOR HEREIN DATE: July 1, 2011 1 ARDMORE TELEPHONE COMPANY, INC. RATES, TERMS AND CONDITIONS WIRELINE BROADBAND INTERNET TRANSPORT SERVICE TABLE OF CONTENTS Section 1: General 1.1 Application of Rates, Terms and Conditions 1.2 Definitions Section 2: Terms and Conditions 2.1 Undertaking of the Company 2.1.A Scope 2.1.B Limitations 2.2 Obligations of the Customer 2.3 Liabilities of the Company 2.4 Application for Service 2.5 Executed Agreements 2.5.A Agreement 2.5.B Technical Standards Supplement (“TS Supplement”) 2.6 Charges and Payments for Service 2.6.A Deposits 2.6.B Description of Payment and Billing Periods 2.6.C Taxes and Other Charges 2.6.D Federal Universal Service Charge (“FUSC”) 2.6.E Payment and Late Payment Charge 2.6.F Credit Allowance/Service Interruptions 2.6.G Service Interruption Measurement 2.7 Termination or Denial of Service by the Company 2.8 Billing Disputes 2.9 Limitations 2.9.A WBITS ADSL Limitations 2.9.B WBITS SDSL Limitations DATE: July 1, 2011 2 ARDMORE TELEPHONE COMPANY, INC. RATES, TERMS AND CONDITIONS WIRELINE BROADBAND INTERNET TRANSPORT SERVICE Section 3: Description of Service 3.1 General 3.1.A DSL Access Service Connection 3.1.B Designated End User Premises 3.2 WBITS Service Classes and Options 3.2.A WBITS Service Classes 3.2.B WBITS Service Options 3.3 WBITS Provisioning 3.3.A Responsibility of the Company 3.3.B Responsibility of the Customer 3.4 Rate Regulations 3.4.A Rate Elements 3.4.B Changes 3.4.C Line Conditioning 3.4.D Minimum Period 3.4.E Moves 3.4.F Additional Bandwidth 3.4.G Individual Case Basis (ICB) Offerings 3.5 WBITS Access Service Wholesale Pricing Plan 3.5.A General 3.5.B WBITS WPP Term Plan Section 4: Rates and Charges 4.1 WBITS DSL Monthly/Term Recurring and Nonrecurring Charges 4.1.A WBITS ADSL Line Charges 4.1.B WBITS SDSL Line Charges 4.1.C WBITS Plan Charges DATE: July 1, 2011 3 ARDMORE TELEPHONE COMPANY, INC. RATES, TERMS AND CONDITIONS WIRELINE BROADBAND INTERNET TRANSPORT SERVICE 1. General 1.1 Application of Rates, Terms and Conditions 1.1.A Ardmore Telephone Company, is an incumbent local exchange carrier (“ILEC”), Study Area Code (“SAC”) 290280 and FCC Form 499 Filer ID 801078, operating in the states of Alabama and Tennessee, and is hereinafter referred to as the “Company.” 1.1.B The rates, terms and conditions contained within this document, hereinafter referred to as “Rates, Terms and Conditions,” are applicable to the Company’s provision of Wireline Broadband Internet Transport Service (“WBITS”), hereinafter collectively or individually referred to alternatively as Service or Wireline Broadband Internet Transport Service or WBITS, as specified herein. Service is furnished subject to the availability of facilities and subject to transmission, atmospheric and like conditions. By accepting Service from the Company, the Customer accepts these Rates, Terms and Conditions as a binding agreement between the Customer and the Company. 1.1.C WBITS is available from the Company in one Class of Service, WBITS Asymmetric Digital Subscriber Line (“ADSL”) Access Service and WBITS Symmetric Digital Subscriber Line (“SDSL”) Access Service. 1.1.D The Company offers the Services pursuant to the Rates, Terms and Conditions and subject to the jurisdiction of the Federal Communications Commission (“FCC”) pursuant to Title II of the Communications Act of 1934, as Amended (47 USC § 201-276), on a common- carriage permissively detariffed basis. 1.1.E The Company offers Services where technically feasible within its incumbent local exchange carrier (“ILEC”) exchange boundaries in the states of Alabama and Tennessee. For purposes of interstate services, including permissively detariffed WBITS as is comprehended by the Services, the Company’s serving area is identified as a study area with a discrete SAC 290280. 1.1.F The provision of Service by the Company as set forth in these Rates, Terms and Conditions does not constitute a joint undertaking with the Customer for the furnishing of any service. 1.1 G From time to time, the Company may at its sole discretion modify the Rates, Terms and Conditions. Modification will be effective thirty (30) days after both posting of revised Rates, Terms and Conditions on the Company’s Internet web site and mailing by United States Postal Service a copy of the revised Rates, Terms and Conditions to all Customers currently a party to an executed Agreement as described in Section 2.5 following. 1.2 Definitions Certain terms used throughout these Rates, Terms and Conditions are defined as follows: 1.2.A Asymmetric Digital Subscriber Line (“ADSL”) The term "Asymmetric Digital Subscriber Line (“ADSL”) denotes an access technology that allows voice and high speed data to be sent simultaneously over local exchange service facilities. ADSL supports the transmission of data signals at a different speed when receiving data (downstream rate) than when sending data (upstream rate). 1.2.B Application for Service An Application for Service standard order form which includes all pertinent billing, technical, and other descriptive information which will enable the DATE: July 1, 2011 4 ARDMORE TELEPHONE COMPANY, INC. RATES, TERMS AND CONDITIONS WIRELINE BROADBAND INTERNET TRANSPORT SERVICE Company to provide the Service as required. 1.2.C Company The term “Company” refers to Ardmore Telephone Company, study area designation 290280 and FCC Form 499 Filer ID 801078, operating in the states of Alabama and Tennessee. 1.2.D Customer The term “Customer” is any individual, partnership, association, trust, corporation, cooperative or governmental agency or other entity which utilizes the Services provided by the Company. A Customer, as set forth herein, is responsible for the payment of charges and for compliance with all applicable terms of the Rates, Terms and Conditions. 1.2.E Customer Premises Equipment (“CPE”) Customer premises equipment (“CPE”) is terminal equipment or facilities provided by persons other than the Company and connected to the Company's Services and/or facilities. Customer premises equipment includes, but is not limited to, equipment provided by the Customer’s agent, or by the Customer’s end user customer. 1.2.F Data-Only WBITS The term "data-only” when used in the context of WBITS refers to provision of Services over a line that does not also carry local exchange switched voice telephone service to the customer premises. Data-Only WBITS is also commonly called “Naked DSL.” Data-Only WBITS is Data-Only WBITS ADSL or Data-Only WBITS SDSL. 1.2.G Digital Subscriber Line (“DSL”) Access Service Connection Point The term “Digital Subscriber Line (“DSL”) Access Service Connection Point” is a location designated by the Company that serves as an aggregation point for the collection of Company WBITS traffic from multiple Digital Subscriber Line Access Multiplexers (“DSLAMs”) or comparable packet-mode data modem equipment. Network Service Providers establish connections to the Company’s WBITS network at the Company designated DSL Access Service Connection Point. 1.2.H Ethernet Ethernet is a physical link protocol reflecting the two lowest layers of the DNA/OS1 model. Ethernet networks can generally connect to Asynchronous Transfer Mode – Cell Relay Service (“ATM-CRS”) networks at port speeds of 10 Mbps, 100 Mbps and one billion bits per second (1 Gigabit or “Gbps”), subject to availability of port connections at the desired speed. Standards applicable to Ethernet transmission are established by the Institute of Electrical and Electronics Engineers (“IEEE”). 1.2.I. Federal Universal Service Charge (“FUSC”) The Federal Universal Charge (“FUSC”) is a charge billed to Customers on interstate telecommunications services that are purchased either by parties who are not contributors to federal Universal Service under 47 CFR § 54.709(a) or by contributors to federal Universal Service who use the interstate telecommunications service purchased as a component of a non-telecommunications retail service for which the revenues are not subject to federal Universal Service contribution. 1.2.J Incumbent Local Exchange Carrier (“ILEC”) Incumbent Local Exchange Carrier (“ILEC”) has the same meaning as Section 251(h) of the Communications Act, as Amended 47 U.S.C. § 251(h)(1). (1) DEFINITION.--For purposes of this section, the term ''incumbent local exchange carrier'' means, with respect to an area, the local exchange carrier that--(A) on the date of enactment of the Telecommunications Act of 1996, DATE: July 1, 2011 5 ARDMORE TELEPHONE COMPANY, INC. RATES, TERMS AND CONDITIONS WIRELINE BROADBAND INTERNET TRANSPORT SERVICE provided telephone exchange service in such area; and (B)(i) on such date of enactment, was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations (47 C.F.R. 69.601(b)); Or (ii) is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in clause (i). 1.2.K Internet The Internet is “the international computer network of both Federal and non- Federal interoperable packet switched data networks,” 47 USC §230(f)(1). The Internet is also described as “the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information,”47 USC §231(e)(3). 1.2.L Internet Protocol (“IP”) The Internet Protocol (“IP”) is the industry standard method or protocol by which data is sent from one computer to another on the Internet.